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HomeMy WebLinkAbout01-22-2001 Regular MeetingSTATE OF ALABAMA X 2608 COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 6:00 p.m.; Fairhope Municipal Complex Council Chamber; 161 North Section Street, Fairhope, Alabama 36532; on Monday. 22 January 2001. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent. There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and the invocation was given by Rev. Joseph Bullington, Pastor of Fairhope United Methodist Church, Fairhope, Alabama. Councilmember Quinn moved to approve minutes of the 08 January 2001, regular meeting. Seconded by Councilmember Ford, motion passed unanimously. Ms. Peggy Vanover with Baldwin County Electric Membership Corporation presented Mayor Kant with their annual business license check. The check in the amount of $50,103.72, represents a percentage of BCEMC's business revenues in the police jurisdiction. A Public Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Quinn introduced in writing Ordinance No. 1102. The Planning & Zoning Commission recommends approval of this ordinance, an ordinance amending the definition of Building Height in the Zoning Ordinance. No one present was opposed to the amendment. Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Gentle, motion to suspend the rules passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders then moved for final adoption of Ordinance No. 1102. Seconded by Councilmember Gentle, motion for final adoption passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. 22 January 2001 2609 A Public Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Ford introduced in writing Ordinance No. 1103. The Planning & Zoning Commission recommends approval of this ordinance, an ordinance to Clarify the commercial uses permitted under the original Rock Creek Planned Unit Development. Mr. Christopher Baker, Director of Planning and Building, explained to the City Council that Mr. Corte and Mr. Tanner are seeking clarification of the commercial uses that would be permitted in the Rock Creek PUD. When Rock Creek was originally developed several lots were indicated as commercial. The intent of the commercial designation was for the use of the residents of Rock Creek. This item came before the City Council on September 13, 1999, and was sent back to the P&Z Commission. After discussion, Councilmember Ford asked to amend the proposed ordinance by removing the building height requirements. Councilmember Anders moved to suspend the rules. Seconded by Councilmember Quinn, motion to suspend the rules passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford then moved for final adoption of Ordinance No 1103 in its amended form. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. A Public Hearing was held as advertized on a proposed ordinance to amend the Zoning Ordinance No. 557. Councilmember Anders introduced in writing the proposed ordinance. Mr. Baker explained that Mr. Tanner and Mr. Corte are seeking site plan approval for one of the indicated commercial lots in Rock Creek. This lot is located at the Northeast corner of Rock Creek Parkway and Highway 98. A site plan has been submitted. Should the City Council approve the site plan, any building permit issued would require substantial conformance to the site plan. This item was considered by the City Council on September 13, 1999, and tabled until a traffic study was conducted. The traffic study was completed and distributed to the Council in early December 2000. The traffic study recommends a cut at the Northern portion of lot 177C to Highway 98, and a cut onto Rock Creek Parkway. These recommendations are outlined within the traffic study report. Alabama Department of Transportation has already approved a cut to Highway 98 at this location. Access is provided to the lot via a curb cut from Rock Creek Parkway. No access is provided to Highway 98 on the submitted site plan. Mr. Baker further explained that a maximum building height of 35 ft is requested. There is also parking in front of the building fronting Highway 98. Signage is also proposed on Highway 98. The staff's recommendations were to approve the site plan subject to a maximum building height of 30 ft; landscaping required from Highway 98 to the building fronting Highway 98 (No parking adjacent to Hwy 98), allowing the signage attached with a maximum of 30 sq. ft., providing pedestrian access to the property to the North, providing egress only to Highway 98, and reconstructing the acceleration lane out of Rock Creek in accordance with the recommendation in the traffic study. 22 January 2001 2610 Mr. Corte explained that the land slops from Highway 98 to the wetlands, and approves having 30 ft buildings on the front portion of the lot, but would like to have 35 ft building on the back portion of the lot. Mr. Metzger, a traffic engineer, recommended removing the acceleration lane, and adding a right turning lane. Mr. Metzger also expressed that eventually a traffic light would be needed at this intersection. Several citizens strongly edged the City Council to require a site plan showing all additional accesses before ruling on this proposed ordinance. It was also suggested that an investigation on a traffic light be conducted. Councilmember Quinn expressed concerns of having a parking lot in front of the building fronting Highway 98. Mr. Corte expressed that the parking lot would be sunken; therefore, only tops of the vehicles will be seen from Highway 98. After further discussion, Mayor Kant recommended laying over this item, and assigned this item to the Street Committee to work with the developers and the Rock Creek Home Owners Association. This item will be addressed at the next regular City Council meeting. Councilmember Gentle introduced in writing Ordinance No. 1104. An ordinance annexing Robin Herndon, III property, located along Scenic Highway 98, Fairhope, Alabama, .32 acres, more or less. 46-04-19-3-0-017.COF.001. In order to take immediate action Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders then moved for final adoption of Ordinance No. 1104. Seconded by Councilmember Quinn, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1105. An ordinance annexing Charles K. Breland, Jr. property, located along Scenic Highway 98, Fairhope, Alabama, .38 acres, more or less.46-04-19-3-0-017.COF.002. In order to take immediate action Councilmember Anders moved to suspend the rules. Seconded by Councilmember Gentle, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1105. Seconded by Councilmember Gentle, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn introduced in writing Ordinance No. 1106. An ordinance annexing Robin Herndon, III, and Brian P. Metcalfe property, located along Scenic Highway 98, Fairhope, Alabama, 1.01 acres, more or less. 46-04-19-3-0-017.COF.003. In order to take immediate action Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford then moved for final adoption of Ordinance No. 1106. Seconded by Councilmember Christenberry, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. 22 January 2001 2611 Councilmember Ford introduced in writing Ordinance No. 1107. An ordinance annexing Robin Herndon, III, and Brian P. Metcalfe property, located along Scenic Highway 98, Fairhope, Alabama, 8.06 acres, more or less. 46-06-24-4-000-035.000. In order to take immediate action Councilmember Christenberry moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders then moved for final adoption of Ordinance No. 1107. Seconded by Ford, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1108. An ordinance annexing Elizabeth B. McGriff property, located at 23598 Main Street, Montrose, Alabama, .76 acres, more or less. In order to take immediate action Councilmember Christenberry moved to suspend the rules. Seconded by Councilmember Gentle, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford then moved for final adoption of Ordinance No. 1108. Seconded by Councilmember Anders, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders introduced in writing Ordinance No. 1109. An ordinance annexing Richard A. Jones, and Roberta M. Jones property, located at 19410 County Road 27, Fairhope, Alabama, 2 acres, more or less. In order to take immediate action Councilmember Gentle moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following vote: AYE - Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Quinn then moved for final adoption of Ordinance No. 1109. Seconded by Councilmember Anders, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Ford introduced in writing Ordinance No. 1110. An ordinance annexing Geraldine M. Buchanan property, located at 7878 Perryman Place, Fairhope, Alabama, .0388 acres, more or less. In order to take immediate action Councilmember Anders moved to suspend the rules. Seconded by Councilmember Quinn, motion to suspend the rules passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders then moved for final adoption of Ordinance No. 1110. Seconded by Councilmember Gentle, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. 22 January 2001 2612 Councilmember Anders introduced in writing Ordinance No. 1111. An ordinance amending Ordinance No. 1069, by setting the user fees rate for certified letter equal to the U S Postal Service rate. Councilmember Quinn moved to suspend the rules. Seconded by Councilmember Anders, motion to suspend the rules passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Anders moved for final adoption of Ordinance No. 1111. Seconded by Councilmember Gentle, motion for final adoption passed unanimously by the following vote: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY - none. Councilmember Ford introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. RESOLUTION NO. 735-01 WHEREAS, approximately 270 cubic yards of the yard waste (tree trunks, limbs, and leaves, etc.,) brought into our landfill monthly originates from tree and landscaping services; and, WHEREAS, our yard waste recycling turns our yard waste into useable mulch, saving landfill space, and providing mulch for area residents, but costs the City $300 an hour for our chipping fee; and, WHEREAS, the usable life of the City of Fairhope's landfill is estimated to be approximately five (5) years; and, WHEREAS, large trees and/or tree trunks are time -intensive for our chipper and tree services are the primary source of large tree parts; and WHEREAS, tree services and landscapers are the only businesses or contractors that are allowed to use our landfill, and they do so free of charge; and, WHEREAS, the surrounding landfills are currently charging $15.00 per ton or $5.00 per cubic yard. BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, that Mayor Timothy M. Kant is hereby authorized to charge all commercial tree and landscape operations to use our landfill. The commercial tree and landscape operations shall pay $5.00 per cubic yard for all un-chipped yard waste. This resolution shall take effect March 1, 2001. ADOPTED THIS 22°d DAY OF January , 2001. ATTEST: Geniece W. Johnso , City Clerk 22 January 2001 2613 Council reviewed an application for a Restaurant Liquor License by Harold L. Steingrubey, dba The Last Nacho, located at 19344 Scenic Highway 98, Fairhope, Alabama. Councilmember Ford moved to approve the issuance of the license. Seconded by Councilmember Gentle, motion passed unanimously. Mr. Anthony P. Powell addressed the City Council requesting permission to operate a hot dog vending cart at the Fairhope Beach or circle area in front of the Fairhope Municipal Pier. Councilmember Anders moved to grant Mr. Powell's request, and contact Mayor Kant to discuss a location, and to allow Mr. Powell to operate until 9:00 p.m. Seconded by Councilmember Quinn. After discussion Councilmember Anders amended her motion to add that this will be a one year trail period. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Quinn moved to grant SouthTrust Bank and Thomas Hospital's request to have their 23`d Annual Spring Fever Chase on Saturday, March 17, 2001. Seconded by Councilmember Ford, motion passed unanimously. One 5-year term Library Board. Councilmember Anders nominated, and moved to appoint Sheri!0 McNally. Seconded by Councilmember Quinn, motion passed unanimously. Ms. McNally will replace Mr. Frank Boehm. This term shall end April 2002. Mayor Kant recognized Boy Scout Robby Walton. Mr. Walton is with Troop 447, and is working on his citizenship badge. Mayor Kant also commended Jerry Anderson, Police Chief, and Eddie Boyett, Recreation Director, for their departments' work with the Senior Bowl rehearsals. Councilmember Gentle inquired about the attendance of the City Council meeting under the new meeting time 6:00 p.m. Mayor Kant requested that the City Council ascertain a good time for the meetings and report back to the City Council. Councilmember Anders announced that Mayor Kant is looking into levelized billing. There being no further business to come before the City Council the meeting was duly adjourned at 7:34 p.m. 4Tioth:y:�M=2jnt, M yor Geniece W. Johnson, C' lerk